Rajasthan Court April 1991 Judgments
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The State of Rajasthan Vs. Mool Chand and ors.
Court: Rajasthan
Decided on: Apr-16-1991
Reported in: 1991(1)WLN410
V.S. Dave, J.1. The facts leading to these appeals & revision demonstrate as to how the criminal courts are used for working the vengeance and personal vendetta. The State as well as the complainant Bhagwat Prasad approached this Court praying that 23 accused respondents in these cases be convicted and sentenced for offences Under Sections 147, 452, 302/149 IPC etc. and the acquittal recorded in their favour by the trial Court vide judgment dated 5-4-89 be set aside, while four accused appellants in SB Criminal Appeal No. 304/89 Hansraj, Tara Chand, Hari Ram and Mool Chand challenged their conviction for offence Under Section 323 IPC. After being convicted Under Section 323 IPC, they had been given benefit of probation under the provisions of Probation of Offenders Act.2. On 1st July, 1985 Bhagwat Prasad (PW 1) lodged a report at Police Station Kherthal district Alwar at 11.30 P.M. where in it was alleged by him that at about 8.30 p.m. all the 23 accused formed an unlawful assembly and...
Capstan Meters (India) Limited Vs. the Judge, Labour Court and ors.
Court: Rajasthan
Decided on: Apr-15-1991
Reported in: 1991(2)WLN417
Farooq Hasan, J.1. This special appeal has been preferred against the order dated 21.12.1989 passed by the learned Single Judge, dismissing the writ petition filed by the appellant and upholding the order of the Judge, Labour Court, Jaipur, dated 6.12.1988, holding that the domestic enquiry held by the appellant against the respondent Nos. 3,4 and 5, is against the principles of natural justice, on the ground that the Enquiry Officer was not a person competent to hold enquiry in accordance with the Standing Orders of the appellant.2. Respondent Nos. 3, 4 and 5 were employed with the petitioner company and individual charge-sheets were served upon them. The appellant appointed Shri A.B.L. Bhargava Advocate as Enquiry Officer, who held the domestic enquiry and gave his report on April 7, 1986, finding all the three respondents guilty of the charges. The appellant, accepting the report of the Enquiry officer, decided to terminate their services with effect from 15.4.1986.3. Mazdoor Union,...
State of Rajasthan and ors. Vs. Laxmi Sharma and ors.
Court: Rajasthan
Decided on: Apr-14-1991
Reported in: 1992ACJ895
Milap Chand Jain, J. 1. This appeal has been filed under Section 110-D, Motor Vehicles Act, 1939, against the award of the Motor Accidents Claims Tribunal, Udaipur dated October 29, 1985 awarding compensation to the tune of Rs. 1,39,000/- with interest at the rate of 10 per cent per annum. The facts of the case giving rise to this appeal may be summarised thus.2. On May 24,1983, the deceased Kailash Chandra Sharma, Assistant Engineer, Drilling and Hand Pump Division I, Public Health Engineering Department, Jaipur, was going in the Government jeep No. RRB 6279 on Government duty from Jaipur to Udaipur. The jeep was being driven by its driver Gajendra Singh, respondent No. 7. It overturned and fell in a deep ditch on the National Highway No. 8 in between Nathdwara-Delwara near village Nevra. He received serious injuries. He was immediately taken to the Government Hospital, Udaipur where he succumbed to his injuries on May 25, 1983. On August 29, 1983, a claim petition was filed claiming ...
Amarjeet Singh Vs. Sampuran Singh
Court: Rajasthan
Decided on: Apr-12-1991
Reported in: AIR1992Raj90; 1991(2)WLC188; 1991(2)WLN78
J. R. Chopra, J.1. This appeal is directed against the judgment of the learned single Judge of this Court dated February 21, 1991, whereby the learned single Judge whiledismissing the writ petition has maintained the order dated 12-4-1990 for scrutinising and recounting of votes passed by the learned Election Tribunal, Raisinghnagar.2. The facts necessary to be noticed for the decision of this appeal briefly stated are: that petitioner Amarjeet Singh, respondent Sampuran Singh and one Jeet Singh contested the elections for the post of Sarpanch Gram Panchayat, 10 T.K. The elections took place on 5-6-1988. It is alleged that in that election, the petitioner secured 552 votes whereas the respondent Sampuransingh received 535 votes and, therefore, the petitioner was declared elected as Sarpanch of Gram Panchayat, 10 T.K. It is further alleged that one Jeetsingh, who was aggrieved by this declaration of result filed an election petition before the learned Election Tribunal, Raisinghnagar ch...
Surjeet Kaur Vs. Hardam Singh
Court: Rajasthan
Decided on: Apr-12-1991
Reported in: I(1992)DMC226; 1991(1)WLN437
N.K. Jain, J.1. By this petitioner, the petitioner seeks to quash the order of learned Additional Sessions Judge No. 2 Sri Ganganagar, dated 28 3.87 whereby order passed by Munsif Magistrate dated 27.3.86 was quashed and he has allowed the revision filed by Hardam Singh and dismissed the revision of the petitioners.2. Brief facts giving rise to this petition are that on 27.7.80, the petitioner moved an application for demand of maintenance on the allegation that she is a wedded wife of the non-petitioner Hardam Singh, who gave birth to a male child Iqbal Singh. It was also alleged that trouble started when the non-petitioner brought his first wife Basant Kaur at home. He gave beating to the petitioner and turned out her from the house and thus she claimed Rs. 500/- as maintenance for her and her child. The non-petitioner contested the application and denied the fact that he never married with the petitioner and no maintenance can be granted as she does not fall within the purview of Se...
Om Prakash Puri Vs. State of Rajasthan
Court: Rajasthan
Decided on: Apr-12-1991
Reported in: 1991(1)WLN342
N.K. Jain, J.1. This miscellaneous petition is directed against the order of Chief Judicial Magistrate dated 9.8.83 for quashing the cognizance against the petitioner, and the pending proceedings.2. Brief facts giving rise to this petition are that one Shanker Lal filed a Complaint on 13.6.80 before the CJM, Chittorgarh for the offence Under Section 379 IPC with the allegation that some bamboo trees were cut by the accused named in the complaint. The complaint was sent for investigation Under Section 156(3) to P.S. Chittorgarh where the petitioner was posted as S.H.O. After investigation, petitioner returned the complaint on 21.6.80 with a endorsement that on earlier occasion in FIR No. 205/80 after investigation, a final report was submitted but the CJM again sent the same with a direction to register and investigate. Thereupon the FIR No. 460/80 was registered and investigation was started but the learned Magistrate issued show cause notice, though the reply was filed but the Magistr...
Amar Singh Vs. Karan Singh and anr.
Court: Rajasthan
Decided on: Apr-12-1991
Reported in: 1991(1)WLN510
N.K. Jain, J.1. This Misc. Petition is directed against the order of learned Munsif and Judicial Magistrate, 1st Class, Bilara dated 12.10.84 whereby learned Magistrate took cognizance against the petitioner.2. Brief facts living rise to this petition are that on 26.4.83 one Amra Ram, non petitioner No. 2 applied for a loan of Rs. 25,000/- from Bilara Sahakari Bhumi Vikas Bank Ltd. under the scheme of Bhumi Vikas Karya for digging well and installing pump set and mortgaged his land bearing Khasra Nos. 2631 and 2479, which was verified by the non-petitioner No. 2 as free from encumbrances and loan was granted and the documents were executed in favour of the bank. On enquiry from Deputy Registration Officer, Bhopalgarh, it was found that land measuring 18.15 Bigha of Khasra No. 2479 has been sold to one Kanaram. On this, Karan Singh, non-petitioner No. 1 filed a complaint against the petitioner and non-petitioner No. 2 with the allegation that petitioner and non-petitioner No. 2 inspite ...
Nasir Ahmed Vs. State of Rajasthan
Court: Rajasthan
Decided on: Apr-12-1991
Reported in: 1991(1)WLN512
N.K. Jain, J.1. This miscellaneous petition is directed against the order of learned Additional Sessions Judge, Nagaur whereby the revision of the petitioner against the order of Chief Judicial Magistrate, Nagaur dated 23.2.82 was dismissed.2. Brief facts giving rise to this petition are that on report of Gaffar dated 5.9.78, a case was registered Under Sections 307, 148, 149, 147 in the P.S. Nagaur and after investigation challan was filed against Abdul Khalid, Jabrudin, Fakrudin Under Sections 325, 323/34 IPC and against Nasir Ahmed Under Sections 325, 323/34 and 30 Arms Act. On 15.7.78 the parties made an application that they entered into compromise which was verified on 20.12.79 by the court, and in terms of the compromise the accused persons were acquitted but against Nasir Ahmed trial was pending under Section 30 of the Arms Act. An application was filed for adding section 307 during the pendency trial Under Section 30 of the Arms Act which was replied by the accused. After cons...
Radheyshyam and ors. Vs. State
Court: Rajasthan
Decided on: Apr-11-1991
Reported in: AIR1992Raj12; 1991(2)WLN481
I.S. Israni, J.1. Since a common question is involved in all the three writ petitions, they are disposed of by one Single order. The short question involved in these writ petitions is as to whether the petitioners, who have completed Higher Secondary Examination could be denied admission' to three years General Nursing Course (Male) only on the ground that they have not passed Higher Secondary Examination with Science (Biology/Physics) from any recognised Institution.2. Briefly the facts regarding Writ Petition No. 3724/1990 are that petitioner in this petition passed secondary examination from Board of Secondary Education, Rajasthan, Ajmer in the year 1987. Photostat copies of marks-sheet and certificate are marked as Annexures 1 & 2 respectively. Thereafter petitioner passed Intermediate examination from the Board of High School and Intermediate Education of U. P. The photostat copies of the marks-sheets and certificate are marked as Annexures 3, 4 and 5 respectively. He secured 676 ...
Shiv Prasad Paliwal Vs. State of Rajasthan
Court: Rajasthan
Decided on: Apr-11-1991
Reported in: 1992CriLJ357
ORDERN.K. Jain, J.1. This miscellaneous petition is directed against the order of Additional Sessions Judge, Raisinghnagar dated 25-4-86 whereby he upheld the order of Addl. Chief Judicial Magistrate, Sri Ganganagar dated 15-2-1983.2. Brief facts giving rise to this petition are that the petitioner was posted as a Enforcement Officer and inspected the go-down of one Banwarilal. He found that there was contravention of the condition laid down under the licence issued under Clause 4(2) of the Rajasthan Foodgrains Dealer Licensing Order, 1964. On this he filed a complaint against Banwarilal for the offence Under Section 3/7 of the Essential Commodities Act. A document Ex. 5, described as copy of Godown Register was produced along with the complaint. During the trial it was revealed that Register No. 64 was interpolated as 69 by making '4' as '9'. Thus the accused was acquitted of the charge on 5-2-80 by the concerned Magistrate. Thereafter, Banwarilal filed an application Under Section 34...
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